TOWIE star criticised by ASA for tweet

TOWIE star Gemma Collins has been criticised by the ASA over two promotional tweets. Photograph: Gareth Cattermole/Getty Images

The Only Way Is Essex actor Gemma Collins has become the latest celebrity to break rules for not telling the public her tweets were ads, while Nike has lodged an appeal to overturn the landmark ruling against Wayne Rooney's promotional tweets.

In the two tweets, Collins told of how amazing her hair looked after a visit to Toni & Guy in Lakeside shopping centre and encouraged her followers to visit and receive a 10% discount by citing her name.

Toni & Guy said that Collins had made an appointment and that they had given her a free hair cut and had agreed that she would tweet about it.

Collins and the salon agreed she would offer a discount and she compiled the two tweets "on the spur of the moment".

The tweets were not part of an ad campaign and the reference to a discount was clear evidence they were marketing communications, the salon claimed.

A spokesman for Nike, which has not yet removed the tweets despite the ruling, said that it was clear that the messages were part of its wider campaign.

"We do not believe that Twitter followers were misled because it was clear that the messages were connected to Nike's Make it Count message," said the spokesman.

He said Nike was disappointed that the ASA's final ruling overturned a preliminary view by the ad watchdog's examiner that the tweets were clear and not misleading about their connection to Nike's Make It Count campaign.

Nike has turned to the ASA's independent reviewer to re-examine the ruling and decide whether or not the decision should be reversed.

Any recommendation made by the independent reviewer does not necessarily need to be followed by the ASA Council.

It is not particularly common for aggrieved advertisers, or complainants, to lodge an appeal with the independent reviewer over a decision.

In May, the ASA was forced to reverse its decision to automatically clear Channel 4's controversial "Bigger. Fatter. Gypsier" advertising for Big Fat Gypsy Weddings, after the Traveller community successfully appealed the regulator's original decision.

The ASA is now formally investigating the campaign to see if it is in breach of advertising regulations relating to widespread offence.

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